Appeals court allows abortion restrictions to begin

Karen Rayne, left, protests Governor Rick Perry's signing of HB2 in the Capitol Extension Auditorium on Thursday, July 18, 2013. He signed the stricter abortion regulations into law Thursday morning as supporters cheered and faint chants of 'shame' could be overheard from protesters outside the Capitol auditorium.

Photo By Tom Reel/San Antonio Express-News

Governor Rick Perry congratulates Representative Jodie Laubenberg R-Parker after he signs into law the abortions restrictions bill on July 18, 2013.

Sen. Wendy Davis, D-FortWorth, sits at her desk after the Texas Senate passes an abortion bill, Friday, July 12, 2013, in Austin, Texas. The bill will require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Tamir Kalifa/Associated Press

Texas State Troopers block the entrance to the State Capitol rotunda after abortion rights advocates filled it to capacity in Austin, Texas on Friday night, July 12, 2013. Republicans in the Texas Legislature passed an omnibus abortion bill that is one of the most restrictive in the nation, but Democrats vowed Saturday to fight in the courts and at the ballot box as they used the measure to rally their supporters. More than 2,000 demonstrators filled the Capitol building in Austin to voice their opposition to the bill, including six protesters who were dragged out of the Senate chamber by state troopers for trying to disrupt the debate. The Republican majority passed the bill unchanged just before midnight, with all but one Democrat voting against it.

Photo By Jay Janner/Associated Press

Abortion rights supporter Sarah Pope, left, and abortion opponent Katherine Aguillar, second from left, demonstrate at the Capitol in Austin, Texas, while the Texas Senate debates the abortion restriction bill, House Bill 2, on Friday July 12, 2013. The Texas Senate convened Friday afternoon to debate and ultimately vote on some of the nation's toughest abortion restrictions, its actions being watched by fervent demonstrators on either side of the issue.

Photo By Tamir Kalifa/Associated Press

Opponents and supporters of abortion rights

Photo By TOM REEL

Father Jeremiah Shryock and Brother Seamus Laracy wait in line to get into the Senate as demonstrators voice their opinion as the Capitol building fills before the Senate debates passage of abortion legislation on July 12, 2013.

Photo By Eric Gay/Associated Press

Theresa Maska holds a sign supporting anti-abortion legislation outside the Texas Senate as they prepare to debate an abortion bill, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Tamir Kalifa/Associated Press

Pro-choice supporters Jessica Nenow, left, and Art Stretton, center, debate abortion rights with Brian McAuliffe, who is against abortions, while waiting in line to enter the Senate gallery at the Texas State Capitol in Austin, Texas, Friday, July 12, 2013. Texas Senate leader, Lt. Gov. David Dewhurst has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session.

Photo By Jay Janner/McClatchy-Tribune News Service

Abortion opponent Katherine Aguillar, middle, struggles to keep her sign raised during demonstrations at the Capitol in Austin, Texas, while the Texas Senate debates the abortion restriction bill, House Bill 2, on Friday July 12, 2013.

Photo By TOM REEL

Pro choice supporters gather for a rally in the rotunda as the Senate debates passage of abortion legislation on July 12, 2013.

Photo By Eric Gay/Associated Press

Sen. Royce West, D-Dallas, left, Sen. Wendy Davis, D-Fort Worth, center, and Sen. John Whitmire, D-Houston, right, walk into the Capitol rotunda as the Texas Senate takes a break from their debate an abortion bill, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Eric Gay/Associated Press

Texas Senators vote on an amendment to an abortions bill, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Eric Gay/Associated Press

Sen. Kirk Watson, D-Austin, left, and Sen. Wendy Davis, D-FortWorth, right, talk as the Texas Senate debates an abortion bill, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Eric Gay/Associated Press

Lt. Governor David Dewhurst, top center, talks with Texas Senators during a point of order in their debate over abortion legislation, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Eric Gay/Associated Press

Sen. Wendy Davis, D-FortWorth, listens as the Texas Senate debate an abortion bill before the final vote, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks.

Photo By Eric Gay/Associated Press

A display with rules for the gallery is seen outside the Texas Senate chambers as he final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Supporters and opponents of an abortion bill line up outside the Texas Senate chambers as he final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Supporters and opponents of an abortion bill pass time as they wait in line outside the Texas Senate chambers as he final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Tamir Kalifa/Associated Press

Hundreds wait in line to enter the Senate Gallery at the Texas State Capitol in Austin, Texas on Friday, July 12, 2013. The Texas Senate's leader, Lt. Gov. David Dewhurst, has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session. (AP Photo/Tamir Kalifa)

Photo By Eric Gay/Associated Press

Sen. Wendy Davis, D-FortWorth, listens as the Texas Senate debate an abortion bill before the final vote, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Supporters and opponents of an abortion bill line up outside the Texas Senate chambers as the final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Texas state troopers keep watch as supporters and opponents of an abortion bill, mostly dressed in blue and orange to show their side, sit in the gallery of the Texas Senate chambers as lawmakers debate before the final vote, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Assistant sergeant of arms Will Wassdorf sets up a display with rules for the gallery outside the Texas Senate chambers as he final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/Associated Press

Opponents of an abortion bill make signs in the rotunda outside the Texas Senate chambers as he final vote by the Senate is expected to begin, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Tamir Kalifa/Associated Press

Dallas natives Michelle Smith and Morgan McComb are interviewed for being the first of hundreds in line to enter the Senate Gallery in the State Capitol in Austin, Texas on Friday, July 12, 2013. The Texas Senate's leader, Lt. Gov. David Dewhurst, has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session. (AP Photo/Tamir Kalifa)

Photo By Tamir Kalifa/Associated Press

Decorum cards are distributed to people waiting in line to enter the Senate Gallery in the State Capitol in Austin, Texas on Friday, July 12, 2013. The Texas Senate's leader, Lt. Gov. David Dewhurst, has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session. (AP Photo/Tamir Kalifa)

Photo By Eric Gay/Associated Press

Texas state troopers keep watch as supporters and opponents of an abortion bill, mostly dressed in blue and orange to show their side, sit in the gallery of the Texas Senate chambers as lawmakers debate before the final vote, Friday, July 12, 2013, in Austin, Texas. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Tamir Kalifa/Associated Press

Hallie Boas and Lisa Fithian lead abortion rights chants from the third floor of the Texas Capitol Rotunda in Austin, Texas on Friday, July 12, 2013. The Texas Senate's leader, Lt. Gov. David Dewhurst, has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session. (AP Photo/Tamir Kalifa)

Photo By Tamir Kalifa/Associated Press

Kristi Lara holds a gynecological speculum as she and dozens of others wait for the Texas State Capitol to open its doors at 7 a.m., in Austin, Texas, Friday, July 12, 2013. Many demonstrators brought gynecological devices to the Capitol to symbolically personalize women's issues. The Texas Senate's leader, Lt. Gov. David Dewhurst, has scheduled a vote for Friday on the same restrictions on when, where and how women may obtain abortions in Texas that failed to become law after a Democratic filibuster and raucous protesters were able to run out the clock on an earlier special session. (AP Photo/Tamir Kalifa)

Photo By Houston Chronicle/Associated Press photos

The debate over abortion has been a contentious one in Texas. See photos from the abortion fight in the Lone Star State.

Photo By Associated Press

Peace Washington stands outside the Texas Capitol dress as the Statute of Liberty, Wednesday, July 10, 2013, in Austin, Texas. The Texas House approved HB 2 with a third and final vote Wednesday, which would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Associated Press

Texas state troopers stand in the Capitol rotunda as they watch opponents of HB 2, an abortion bill, after the Texas House made their final vote, Wednesday, July 10, 2013, in Austin, Texas. The approved bill, which now goes to the Texas Senate, would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Associated Press

Opponents of HB 2, an abortion bill, yell outside the Texas House after the final vote, Wednesday, July 10, 2013, in Austin, Texas. The bill, which now goes to the Texas Senate, would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Associated Press

Hope Phillips, and opponent of HB 2, an abortion bill, yells with others outside the Texas House after the final vote, Wednesday, July 10, 2013, in Austin, Texas. The bill, which now goes to the Texas Senate, would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Associated Press

Opponents of HB 2, an abortion bill, yell outside the Texas House after the final vote, Wednesday, July 10, 2013, in Austin, Texas. The bill, which now goes to the Texas Senate, would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

DPS troopers keep an eye on protestors congregating in the rotunda area in the state capitol building on July 10, 2013.

Photo By Eric Gay/AP

Rep. Jason Villalba, R-Dallas, holds a sonogram showing his unborn son during final remarks before a provisonal vote on HB 2, an abortion bill,Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill, which passed, would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Jay Janner/AP

Abortion opponent Madison Salmons, right, 14, of Mesquite, Texas, prays outside the Capitol in Austin, Texas on Tuesday July 9, 2013, as the Texas House debated tough new abortion restrictions prior to taking part in a planned vote on the measure. (AP Photo/Austin American-Statesman, Jay Janner)

Photo By Eric Gay/AP

In this Monday, July 8, 2013 photo Texas Attorney General Greg Abbott speaks to a anti-abortion rally, in Austin, Texas. (AP Photo/Eric Gay)

Photo By Eric Gay/ASSOCIATED PRESS

Anti-abortion supporters take part in a rosary procession around the Texas Capitol as the Texas House debates HB 2, a bill that will place restrictions on abortion in the state, Tuesday, July 9, 2013, in Austin, Texas. (AP Photo/Eric Gay)

Photo By Eric Gay/ASSOCIATED PRESS

Anti-abortion supporters pray outside the Texas Capitol as the Texas House debates HB 2, a bill that will place restrictions on abortion in the state, Tuesday, July 9, 2013, in Austin, Texas. (AP Photo/Eric Gay)

Photo By Eric Gay/ASSOCIATED PRESS

Anti-abortion supporters sing in the rotunda of the Texas Capitol as the Texas House debates HB 2, a bill that will place restrictions on abortion in the state, Tuesday, July 9, 2013, in Austin, Texas. (AP Photo/Eric Gay)

Photo By Alberto Martínez/AP

A woman carries a sign as she marches with other pro-abortion rights supporters through downtown Austin, Texas on Monday evening, July 8, 2013. The Texas House began debating a bill on Tuesday that would impose tough new restrictions on abortions. (AP Photo/Austin American-Statesman, Alberto Martinez)

Photo By Eric Gay/AP

Supporters of HB 2, an abortion bill, react in the gallery of the Texas House after the bill was provisionally approved, Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/AP

Rep. Jodie Laubenberg, R-Parker, center, sponsor of HB 2, an abortion bill, leaves the Texas House floor after the bill was provisionally approved, Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/AP

Opponents of HB 2, an abortion bill, yell outside the Texas House after the bill was provisionally approved, Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/AP

Opponents of HB 2, an abortion bill, yell outside the Texas House after the bill was provisionally approved, Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

Photo By Eric Gay/AP

Speaker of the House Joe Straus, R-San Antonio, strikes the gavel after a provisional vote on HB 2, an abortion bill approving tough new abortion restrictions, passed Tuesday, July 9, 2013, in Austin, Texas. A final, formal vote is scheduled for Wednesday. The bill would require doctors to have admitting privileges at nearby hospitals, only allow abortions in surgical centers, dictate when abortion pills are taken and ban abortions after 20 weeks. (AP Photo/Eric Gay)

AUSTIN — A federal appeals court ruling Thursday gives Texas the green light to start enforcing a new abortion restriction that a lower court judge said posed an undue burden on women.

The decision by the U.S. 5th Circuit Court of Appeals was a huge victory for Attorney General Greg Abbott and Texas abortion opponents, temporarily lifting an injunction that prevented the provisions from going into effect. The provision requires abortion doctors to gain admitting privileges at nearby hospitals.

On Monday, U.S. District Judge Lee Yeakel ruled the admitting privileges provision unconstitutional, saying it posed an undue burden on women has no "rational relationship to improved patient care."

But a federal three-judge panel in New Orleans on Thursday found Yeakel's finding of a lack of rational relationship "is one step removed from repudiating the longstanding recognition by the Supreme Court that a State may constitutionally require that only a physician may perform an abortion." The court, in a 20-page opinion, also said the provision does not "impose a substantial obstacle to abortions."

Texas lawmakers passed the restriction earlier this year.

The court's decision is a "vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women," Abbott spokeswoman Lauren Bean said.

Texas can enforce the provision immediately while the case is pending appeal at the 5th Circuit. The requirement was scheduled to go into effect Tuesday, but Yeakel's ruling blocked it less than 24 hours before kicking in.

Planned Parenthood officials have argued that requiring physicians who provide abortions to obtain admitting privileges at a local hospital would cause at least one-third of the state's abortion providers to stop offering the service. That includes clinics in Fort Worth, Harlingen, Killeen, McAllen, and Waco. Abortion services in San Antonio and Austin would also be affected.

"This restriction clearly violates Texas women's constitutional rights by drastically reducing access to safe and legal abortion statewide," she said in a statement. "We will take every step we can to protect the health of Texas women in the wake of this ruling."

The federal appeals court also granted Abbott's request for an emergency stay on Yeakel's ruling that imposed a partial block on the state's new restrictions for pregnancy-ending drugs.

In his ruling, Yeakel upheld as constitutional the state's new regulation for medication abortion. But he partially blocked the law by carving out a medical exception, saying it cannot be enforced against a doctor "for the preservation of the life or health of the mother."

The federal appeals court shot down the lower court's injunction but left in place one exception.

"The district court's injunction continues to apply pending appeal with respect to a mother who is 50 to 63 days from her last menstrual period if the physician who is to perform an abortion procedure on the mother has exercised appropriate medical judgment and determined that, due to a physical abnormality or preexisting condition of the mother, a surgical abortion is not a safe and medically sound option," the court wrote.